[Introduced February 17, 2000; referred to the Committee
on the Judiciary.]

____________

A BILL to amend article seven, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twelve-b,
relating to providing for a local option election to allow
counties or municipalities to restrict the hours when
licensees may sell nonintoxicating beer, wine or alcoholic
liquors on premises.

Be it enacted by the Legislature of West Virginia:That article seven, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve-b, to read as follows:

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-12b. Local option election to restrict the hours of sale
of nonintoxicating beer, wine or alcoholic liquors.Notwithstanding any provision in this code to the contrary,
the governing body of a municipality or the county commission may
submit to the qualified voters residing within the jurisdiction of
that governing body for approval or rejection at any regular
primary election, general election or special election, an
ordinance restricting the hours when licensees may sell
nonintoxicating beer, wine or alcoholic liquors. The ordinance may
set the hours of sale on premises licensed pursuant to this article
and article sixteen, chapter eleven of this code, by specifying a
time or times between the hours of 1:30 a.m. and 3:30 a.m. by which
sales of nonintoxicating beer, wine or alcoholic liquors shall end,
except that in no event may the ordinance extend the hours of sale
beyond the hours of sale which are permitted statewide. The
ordinance may set separate hours of sale for licensees selling only
nonintoxicating beer pursuant to article sixteen, chapter eleven of
this code and for private clubs licensed pursuant to this article.Notice of the election shall be provided and the ballots
printed as set forth below. If a majority of the legal votes cast
on this question are in favor of the ordinance, the provisions of
the ordinance are effective thirty days from the date the results of the election are declared. If a majority of the legal votes
cast on this question are against the ordinance, the ordinance is
defeated, and the question may not again be submitted to a vote
until the following regular primary or general election, or a
special election thereafter, in the manner provided in this
section. The ballots, or ballot labels where voting machines are used,
shall be printed in substantially this form:"Shall ...... County (or municipality) require that all
licensees within this county (or municipality) selling
nonintoxicating beer, wine and alcoholic liquors for consumption on
premises discontinue such sales at ...... o'clock a.m. nightly?"/ / Yes

/ / No

Notice shall be provided of all elections at which the
ordinance is to be voted upon by publication of a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area shall
encompass the municipality or county in which voting will take
place.Any election at which this ordinance is voted upon shall be
held at the voting precincts established for holding primary or
general elections. All of the provisions of the general election
laws of this state concerning primary, general or special
elections, when not in conflict with the provisions of this
section, shall apply to voting and elections hereunder.

NOTE: The purpose of this bill is to provide for a local
option election to allow counties or municipalities to restrict the
hours when alcoholic beverages may be sold on premises.

This section is new; therefore, strike-throughs and
underscoring have been omitted.